6 Legal Basis under the Gdpr

A common example of this base is that of banks. Banks may process the personal data of their users due to their legal obligations both under the law of the country and under international banking regulations, tax laws and anti-money laundering laws. The legal basis for processing is also important because it has a significant impact on how an organisation responds to requests from data subjects. Certain rights may be granted if consent is the legal basis for the processing or if the performance of a contract is the legal basis for the processing. There are also other implications for the legal basis of the processing. For example, the processing of special types of data, including: race, ethnic origin, health data, biometric data and other sensitive information requires certain processing bases. The Data Protection Act 2018 states that “authority” here means an authority within the meaning of the Freedom of Information Act or the Freedom of Information Act (Scotland) – with the exception of local councils. The basic approach is the same. You should think about your goals and choose the foundation that suits you best. You can always use our legal base tool to help you. ☐ We have examined the purposes of our processing activities and selected the most appropriate legal basis (or legal bases) for each activity.

For any processing of personal data, it is important to determine the best legal basis, as also recommended by the guidelines of the Article 29 Working Party (European Data Protection Board) on consent from the end of November 2017. The verification of the best legal basis for the lawfulness of any processing activity begins before the actual processing. And, of course, as part of GDPR compliance, this means that you already have a list and mandatory registration of your personal data processing activities. However, special rules also apply here. What has changed from the predecessor of the General Data Protection Regulation is that recital 45 states: “Where the processing is carried out in accordance with a legal obligation to which the controller is subject, or where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, the processing should be governed by Union law or the law of the Member States. are based. Restriction on Union law or the law of EU Member States has consequences. You must therefore keep a record of the basis on which you rely for each purpose of processing and a justification of why you believe this to be true. There is no standard form for this, as long as you make sure that what you register is enough to prove that there is a legal basis. This will help you comply with the responsibility and will also help you draft your privacy notices.

They should not take a one-size-fits-all approach. No foundation should always be considered better, safer or more important than the others, and there is no hierarchy in list order in the UK GDPR. The processing of personal data based on the vital interests of another natural person should, in principle, take place only if the processing clearly cannot be based on another legal basis. (e) Public mission: The processing is necessary for you to perform a task of public interest or for your official duties, and the task or function has a clear legal basis in the law. Legal obligation of the organization. The organization may rely on this legal basis if it needs to process personal data in order to comply with a customary law or legal obligation. This does not apply to contractual obligations between an organization and individuals. The main purpose of this guide is to help controllers identify the correct legal basis for the processing of personal data that they carry out or intend to carry out – and the obligations associated with that legal basis. In addition, that guide should help persons whose personal data may be processed (`data subjects`) in determining whether the processing of their personal data is lawful and, in that context, may constitute the legal basis for such processing.

The last of the six reasons that serve as the legal basis for the processing of personal data in Article 6(1) of the GDPR is the often mentioned category of “legitimate interests”. One of the first questions that organizations involved in the processing of personal data (“Controllers”) should ask themselves before carrying out the processing is: “What is the reason or justification for my processing of such personal data?” This is crucial, as any processing of personal data is only lawful if it has a “legal basis”. Article 6 of the General Data Protection Regulation (GDPR) defines these potential legal bases, namely: consent; Contract; legal obligation; vital interests; public task; or legitimate interests. In order to rely on this legal basis, controllers must be able to report any benefit to the general public or society as a whole resulting from the processing and not to their own interests or the interests of individuals. For example, the administration of justice, parliamentary functions, legal functions, government functions or activities that support or promote democratic engagement. Organizations must not only ensure that all data collected is adequately protected, but they must also ensure that they have an adequate legal basis to collect and process the data in the first place. The choice of the appropriate legal basis for processing is extremely important for several reasons, including: universities are classified as public authorities, so the public working basis is likely to apply to a large part of their salary, depending on the details of their constitutions and legal powers. If the processing is carried out separately from its tasks as an authority, the university may instead wish to verify whether consent or legitimate interests are appropriate in the respective circumstances. For example, a university may rely on a public mission to process personal data for teaching and research purposes; but a mix of legitimate interests and consent for alumni relations and fundraising purposes. One of our data protection experts performs all the necessary tasks remotely and works with you to understand your business and its compliance requirements.

If you process data of special categories, you must specify both a legal basis for processing and a special category condition for processing in accordance with Article 9. You must document both your legal basis for processing and your special category condition in order to be able to demonstrate compliance and liability. ☐ We have included information about the purposes of the processing and the legal basis for the processing in our privacy policy. The service offered by our sister company GRCI Law is also ideal for organizations that are not legally required to appoint a DPO but still want someone who offers expert advice. 3) In order to comply with the legal obligations of the controller, however, this does not apply to processing on the basis of consent. Consent must always be specific and informed, and re-use of data for new purposes would unfairly undermine the original consent. You usually need to obtain a new consent that specifically covers the new purpose. If you receive specific consent for the new purpose, you do not need to prove that it is compatible. If there is a real change in circumstances or if you have a new and unexpected goal, which means that there is a good reason to check your legal basis and make a change, you must inform the person and document the change.

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